<< Click to Display Table of Contents >> Navigation:  Child and Family Services Policy > Section IV - Child Protection Services > IV. I. Suspected Child Abuse/Neglect in a Facility or Institution Effective 12/18/02

 

PURPOSE

In general, parents, guardians, or custodians are the persons who are responsible for the welfare of their child.  In a variety of instances, persons other than parents may provide certain parenting activities in a variety of institutional settings, such as day care centers, hospitals, schools, foster homes, and residential facilities.

 

When selecting or utilizing a facility, parents are, in effect, expecting the facility to partially or fully provide for the well-being of the child.  The facility is then assuming some responsibility for the child.  Parents, guardians, or custodians may often not be fully aware of the details of daily routine and care, so that the child may be quite dependent on the facility to provide for his needs in a safe atmosphere.

 

In recognizing the vulnerability of children receiving child care, the State of Maine mandates licensing of various facilities to ensure that certain standards are met.  However, current legislation and licensing requirements are not always sufficient to protect the child, when related to the vulnerability of the child.  In general, the more difficult for the parent to protect his child and the more vulnerable the child, the more child protective intervention, if required, there will be.

 

The Department has close working relationships with a wide variety of child care facilities, including purchasing child care services for child protective and substitute care clients.  Child care facilities in Maine provide valuable professional services.  Both the Department and providers recognize that children who have been abused, neglected and/or exploited in the past are vulnerable; there is a tendency for children to apply previously learned behavior in a new setting in order to gain some sense of self control in both situations.

 

The Department and providers also recognize that there are people inclined toward power over or sexual exploitation of children who tend to seek situations where there are children.  The Department expects that facilities have developed practices and procedures to minimize these risks.  The Department seeks to work jointly with facilities to enhance their abilities to provide safe care for children.

 

Facilities, parents, licensing authorities, and the Institutional Abuse Unit, and Child Protective Services are mutually concerned and working together for the well-being and safe care of children.

 

LEGAL BASE

Under Title 22 MRSA §4002, "person responsible for the child" is defined as "a person with responsibility for a child’s health or welfare, whether in the child’s home or another home or a facility which, as part of its function, provides for care of the child.  It includes the child’s custodian."  The responsible persons could include the administrators and caretakers in a facility.  The Department of Human Services has responsibility to provide services and safety to a child reported to be abused/neglected, regardless of the setting.

 

PRACTICE STANDARDS

The Department encourages the development of working agreements between Department regional offices and providers to enhance professional working relationships toward the mutual goal of safe care.  Working agreements should address:

 

 

 

 

The Department’s Bureau of Child and Family Services is responsible for licensing of foster family homes.  Day care, group and residential facilities are licensed by the Community Services Center.  The Bureau has determined that licensing staff will take an active role regarding possible violations of licensing standards when a child protective investigation occurs in a facility licensed or registered by the Bureau.

 

Depending on the nature and content of the report, the worker in conjunction with his supervisor (and in conjunction with the licensing authority, if any, participating in the study), will determine whether to immediately contact an Assistant Attorney General for advice regarding possible civil or criminal action, which could include referral to the Attorney General’s Criminal Division or to the district attorney.

 

If any of the children in the facility were placed by the Department of Human Services, the Regional Program Manager for Child and Family Services or his designee will determine:

 

A determination will be made whether the child(ren) will be interviewed at the facility, at home, or elsewhere.  The determination will be based on the contents of the report and threat of serious harm, including probable suppression of information.

 

 

The worker and supervisor (and any participating licensing authority) will consider:

 

Whenever serious harm or threat of serious harm to a child in the facility exists, including probable suppression of information.

If they decide not to heed this advice, that family will be opened as a protective family, in accordance with the usual child protective procedures.  (A family may be opened as a protective family if there is harm or substantial risk of harm in the facility or elsewhere.)

Prompt notification of the Department’s determination and action taken will be given to the administrator identified by the facility to receive such notification which may be oral, and promptly followed by written notification which has been approved or prepared by the Central Office Program Specialist, with advice from the Assistant Attorney General.

 

Evidence (e.g., affidavits and/or written reports) will be promptly submitted to the licensing authority, if requested.

 

 

 

 

 

 

 

PROCEDURES

 

CROSS REFERENCE:                Child and Family Services Manual, Section IV, Intake Study,

                         Relationship to Law Enforcement, Section XI, Subsection Y

 

Worker(s)                                

Supervisor                                

Office                                        

Referral Date                        

Date of Report                        

 

Case Name:                Facility

                 Address

                 Phone

                 Director/Owner

 

Case Number:

 

I.        Referral - restatement of incident(s)/problem

 

II.        Previous Agency Involvement

To include prior involvement with the facility as well as with particularly perpetrator if applicable.

 

III.        Investigation

1.        Other children and/or staff

2.        Other relevant collateral sources

What where the surroundings like

Condition of the facility

How children appeared to act in the facility

Attach medical statements or reports if applicable

Attach police reports and/or other pertinent reports if applicable.

 

IV.        Findings

 Include:

 Description of the child(ren)’s condition

Whether or not abuse was substantiated and basis for determination

 Degree of harm for child(ren)

 

V.        Remedial Action Taken, if any

 

VI.        District Attorney

State whether incident was reported to the District Attorney and date of the referral.  Attach a copy of the referral to the District Attorney.

 

VII.        Recommendations

List recommendations that the worker believes would remedy the situation and prevent future abusive situations.

 

IX.        Make Recommendations

 When appropriate, there are two types of recommendations that can be made.

 

 

 

Not all investigations need to have recommendations included in the report.  Often, the action needed to remedy the situation has already occurred prior to the submission of the final report and the investigator need only state this.

 

On the other hand, a critical, objective examination of an incident or a segment of a program is both beneficial to the improvement of the program and the quality of care given to the children.  Recommendations should be given when warranted, regardless of the results of the investigation.

 

(Credits:  This report format was adapted from the format developed by Gregory Smiles, New Jersey Child Protective Services, under a federal grant from the National Center on Child Abuse and Neglect.)

 

See Addendum C at end of Section IV.